Legal Question in Traffic Law in California
Is it legal or harassment? My 71 year old father got stopped on the freeway, tells the cop he doesn't drink .That is was a diabetic, the cop made him take 5 different tests it is hard for my dad to stand on on leg for to long due to his diabetes. Cop then made him take a Breathalyzer test before he told my dad he was going to take him to jail.Then questioned him about the hand sanitizer he had in console. That is in my opinion harassment.
1 Answer from Attorneys
Your question can be answered only by a review of the police report and the results of the blood alcohol tests. Assuming that the police officer observed some conduct that provided probable cause to stop your father, and he then smelled alcohol or observed some conduct that gave rise to a suspicion that your father's driving was impaired, the office had no choice but to investigate further. He could not merely take the word of your father that he did not drink alcohol. I have read several police reports regarding an arrest for driving under the influence. In virtually every case the driver denied having consumed more than 2 beers over the course of a day. You should retain an attorney to represent your father if driving under the influence charges are filed.
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